Charles Kuck’s Answers

What's the difference between Daca and the Dream act?

I'm sorta confused, what are the differences and similarities? Please be specific.

Charles’s Answer

February 21, 2014 1:49pm

DACA is real, with active benefits and a program you can use today. The DREAM act is not real. It is a proposal to legalize people who arrived before the age of 16 who also meet other criteria. But for now, it is nothing

Communicate me the exact procedure to calculate the number of days required to spend against “2-Year Home Country Residency rule

I went to US for 10 weeks educational program as a ‘Fulbright’ under J-1 visa on May 24, 2009. I came back home on Aug 6, 2009. Then I was in home till 31st May 2010 i.e. 10 months. Then my parent company transferred me to UK. I went to UK under c...

Charles’s Answer

February 21, 2014 1:46pm

Actually, this is easy. Every day you spend in your home country counts towards the two years. Just add them up and be prepared to document them.

What can i do after a K1 visa was denied by foreign embassy and said to be sent back to USCIS?

My fiancee was denied after having 2 interviews. CO stated that she wasn't convinced of a real relationship. Maybe prejudice and suspicion because of this being my 2nd K1 petition filed. My previous marriage was a mistake and ended in divorce. ...

Charles’s Answer

February 21, 2014 1:43pm

Selected as best answer

You may want to consider going there, marrying, then filing for him as a spouse. This is certainly something you want to discuss with an experienced immigration attorney.

Previous Employer Not Willing to give Experience Letter

Hi,
One of my previous employers is not willing to give me any experience letter, stating that it is the company policy that if you leave before 12 months you can not have one. I need the experience letter for my Green Card, I140 applicat...

Charles’s Answer

February 14, 2014 11:30am

Get a letter from Co/workers and provide secondary evidence of your job. Talk to an experienced immigration attorney about this. It's a common problem.

Form I-130 transferred to local USCIS office.

On August, 2013, I filled the form I-130 for my spouse and the 2 children living in France. Now, my I-130 was transferred to my local USCIS office for further processing. The new office has jurisdiction over my case and will send me a decision as ...

Charles’s Answer

February 14, 2014 11:28am

It means you will be interviewed in the case to verify it isa real relationship It will take usually 90 days to set the interview. Bring an attorney with you. Call with any questions.

Petition I-130

In August 2013, I filed the petition I-130 for my spouse and my 2 children living in France. My spouse want to come to visit me for couple weeks while case still pending. Is it okay

Charles’s Answer

February 14, 2014 11:26am

If they are french citizens, apply for an ESTA entry, come on a round trip ticket, bring proof of an intent to go back, eg. Letter from foreign employer, tell the truth to CBP at entry when asked, arrive at JFK, and they should be okay. No guarantees but worth a try. Call with any questions.

Return to America after a voluntary deportation in 1998

I was granted voluntary deportation and a bond of five thousand dollars to be paid back after I present myself to the American Embassy in Nigeria. The voluntary deportation happened in 1998 after being in America unlawfully. I did not have any cri...

Charles’s Answer

February 14, 2014 11:20am

You are not eligible for ESTA, and your chances of getting a visitor visa at the consulate are very low. Be prepared to show very strong ties to the UK.

Can a criminal conviction be vacated if your attorney did not advise correctly on immigration consequences of no contest?

Criminal attorney said we won't contest and arranged an agreement. Agreement was crafted so as to not cause any immigration consequences. It was told it would be an agreement not a plea. The court clerk entered the disposition as a Dismissed due t...

Charles’s Answer

February 14, 2014 11:17am

If the is a GA case, you only have one year to correct it. Call today to discuss your options.

If I apply for Green Card EB2 category , how long do I need to maintain my non immigrant visa if staying in US ?

I will be completing 5 years on my L1B visa in US on Dec 2014. I am from India . My company will be initiating my GC in EB2 category in next couple of months. Q1) . Can I extend my L1B visa past 5 years if I am at a specific stage eg: I-140 approv...

Charles’s Answer

February 14, 2014 11:15am

You need to change to an H-1b to remain in theUS beyond the 5 years. Call today to discuss your options.